Constitution of 1956

After assuming charge as Prime Minister, Chaudhary Muhammad Ali and his team
worked hard to formulate a constitution. The committee, which was assigned the
task to frame the Constitution, presented the draft Bill in the Constituent Assembly
of Pakistan on January 9, 1956. The bill was opposed by the Bengali autonomists.
Bhashai, the leader of Awami League in East Pakistan, even used the threat of
secession to press for autonomy and his party staged a walkout from the Assembly
on February 29, when the Assembly adopted the Constitution. Later on, Awami
League boycotted the official ceremonies celebrating the inauguration of the
Constitution. However, in spite of their opposition, the Constitution was adopted
and was enforced on March 23, 1956. With this Pakistan’s status as a dominion
ended and the country was declared an Islamic Republic of Pakistan. Constituent
Assembly became interim National Assembly and Governor-General Iskander
Mirza sworn in as the first President of Pakistan.

The Constitution of 1956 consisted of 234 articles, divided into 13 parts and 6
schedules. Following were the chief characteristics of the Constitution:

1. Pakistan was declared as an Islamic Republic and it was made mandatory

that only a Muslim could become the President of the country. President
would set up an Organization for Islamic Research. Good relations with the
Muslim countries became the main objective of the Foreign Policy.
Objectives Resolution and Quaid’s declaration that Pakistan would be a
democratic state based on Islamic principles of social justice were made the
preamble of the Constitution. Steps were to be taken to enable the Muslims
individually and collectively to order their lives in accordance with the
teaching of Quran and Sunnah and to implement Islamic moral standards.
The sectarian interpretations among the Muslims were to get due regard.
Measures were to be taken to properly organize zakat, waqfs, and mosques.
However, one clause relating to the elimination of riba, which was the part
of the draft was eventually dropped.
2. The constitution provided for the federal form of government with three lists
of subjects: federal, provincial and concurrent. The federal list consisted of
33 items, provincial of 94 items and concurrent list of 19 items.  The federal
legislation was to get precedence over provincial legislation regarding
 concurrent list. In case of a conflict between federal and provincial
governments, or between the provincial governments, Chief Justice of the
Supreme Court was to act as a mediator. Federal government exercised
wider control in provincial matters in case of emergency.
3. Though the constitution provided for the Parliamentary form of
Government, yet it declared that the executive authority of the Federation
would be in the President.
4. Any Muslim citizen of Pakistan, who was at least forty years old, could be
elected as the President of Pakistan for the term of five years. No one was
entitled to hold this office for more than two tenures. 3/4th members of the
Assembly could impeach the president.
5. President could appoint from amongst the MNAs a Prime Minister who had
to take the vote of confidence from the house in two months. The Prime
Minister had to inform the president about all the decisions of the cabinet.
6. Ministers could be taken from outside the National Assembly but they were
to get themselves elected within six months.
7. President had the power to summon, prorogue, and dissolve the Assembly
on the advice of the cabinet. No bill imposing taxes or involving expenditure
could be moved without his consent. He had partial veto power. He could
give or withhold his assent to a bill passed by the Assembly.
8. Prime Minister and his cabinet were to aid and advise the president. The
president was required to follow the advice of the cabinet except where he
was empowered to act in his own discretion.
9. The Constitution entitled for a Unicameral Legislature. The National
Assembly was to consist of 300 members. Age limit of a candidate for a seat
in National Assembly was 25 years.
10.Principle of parity was accommodated in the Constitution. West Pakistan
was treated as one unit and seats were divided equally between the two
wings of the country. National Assembly was to meet at least twice a year.
Minimum of one session should be held at Dhaka.
11.Members of the Assembly were to be elected on the basis of Direct Elections
conducted on the basis of Adult Franchise. However, for the first ten years
five additional seats were reserved for women from each wing. Every
citizen, who was more than 21 years in age was considered as an adult.
12.The provincial structure was similar to that of the center. There were 300
members in both provincial assemblies. Ten additional seats were reserved
for women. Punjab was given 40% seats in the West Pakistan Assembly.
13.It was a Written Constitution.
14.It was a Flexible Constitution and two third members of the Assembly could
bring amendment in the constitution.
 15.Fundamental Rights were made justiciable. However, the President had
power to suspend the fundamental rights in case of emergency.
16.Elaborate provisions were made for the higher judiciary to ensure its
independence.
17.Urdu and Bengali were declared as the state languages. However, for the
first twenty years English was to continue as an official language. After ten
years, the president was to appoint a commission to make recommendations
for the replacement of English.
The constitution was never practically implemented as no elections were held. It
was eventually abrogated on October 7, 1958 when Martial Law was enforced.

1962 CONSTITUTION:

After the military coup of 1958, Ayub Khan waited for some time with the
intention of paving public opinion in his favour. A legislative commission was
established under the leadership of Justice Shahaab-ud-din. The commission
forwarded a report on 6th May 1961. Justice Manzoor Qadir designed and drafted
the entire constitution. Ayub Khan with the help of a presidential ordinance
enacted the new constitution on 8th June 1962. It had the following salient
features:-

1. It was in written form and had the information about the state institutions
and their mutual relations.
2. The constitution was not passed by the consent of the elected representatives
of the people. It was the creation or brain child of a single person.
3. The constitution was president friendly; making amendments was easy only
if supported and endorsed by the president or it was a very lengthy and
difficult job. For making any amendment, the 2/3rd majority of the assembly
had to pass the bill and then had to send it to the president. If president did
not take up any objection for thirty days, the amendment was considered
valid. However, the president might disapprove or send back the resolution
with certain alterations. In that case, it was needed to gain the consent of
3/4th majority of assembly. The president had to give consent in ten days or
had to propagate it for the opinion of Basic Democrats. In that case, the
opinion of the B.D’S was considered final.
4. Apparently, it was a federal system of government with East Pakistan and
West Pakistan as its units. The constitution contained the list of only federal
 authorities, the rest were given to the federating units. The center had the
authority to intervene in the provincial matters if considered necessary.
5. Unlike previous constitutions, the Indian Act 1935 and constitution of 1956,
it was presidential in its nature with all the executive powers resting with the
president. He was the constitution head of government and state.
6. It was a unicameral system of government with only one house. The
members of the National Assembly were elected by the basic democrats.
7. The judiciary was kept independent to the extent of theory. All the judges of
the High courts had to be selected and appointed by the president with the
advice of the chief justice. But president was not bound to the opinion or
wishes of the Chief Justice.
8.  The constitution guaranteed the basic human rights for all the citizens of
Pakistan without any discrimination of cast, creed and color.
The constitution of 1962 was a one man show. It was designed for a single man.
Apparently it gave many rights and securities to the people but actually it deprived
the people from all kinds of political rights and their representation in the
legislation.